Means and Methods of the Future: Autonomous Systems

Abstract

Autonomous systems will fundamentally alter the way wars are waged. In particular, autonomous weapon systems, capable of selecting and engaging targets without direct human operator involvement, represent a significant shift of humans away from the battlefield. As these new means and methods of warfare are introduced, many important targeting decisions will likely need to be made earlier and further away from the front lines. Fearful of these changes and coupled with other legal and moral concerns, groups opposed to autonomous weapons have formed and begun campaigning for a pre-emptive ban on their development and use. Nations intending to use these emerging technologies must grapple with how best to adjust their targeting processes and procedures to accommodate greater autonomy in weapon systems. This chapter examines these cutting-edge and controversial weapons with a particular emphasis on the legal impact on targeting during international armed conflicts. Initially, this chapter will explore the promising technological advances and operational benefits which indicate these weapon systems may become a reality in the not-so-distant future. The focus will then turn to the unique challenges the systems present to the law of armed conflict under both weapons law and targeting law principles. Next, the examination will shift to two key aspects of targeting most affected by autonomous systems: targeting doubt and subjectivity in targeting. The author ultimately concludes that autonomous weapon systems are unlikely to be deemed unlawful per se and that, while these targeting issues raise legitimate concerns, the use of autonomous weapons under many circumstances will be lawful.